AB 3088 and Tenant Act Preemption: Which Rules Apply?

The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 was signed by Governor Newsom at the end of August. Among other things, the legislation establishes a statewide framework for delaying rent due to COVID-19 financial hardship by preempting our local moratorium’s protections. There is also a new process for requesting forbearance and a new deadline for repaying back rent. What does it mean for Beverly Hills tenants? We try to make sense of it!

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How Beverly Hills Tenants Lost Local COVID-19 Eviction Protections

The ‘Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020’ (AB 3088) was enacted on August 31st to protect COVID–19 affected tenants from eviction. And just in the nick of time: just hours later the California courts would resume processing evictions for non-payment of rent! But lawmakers had another motive: to make COVID–19 evictions policies consist statewide by preempting local measures (like the Beverly Hills eviction moratorium) under certain circumstances. Now it looks like Beverly Hills unwittingly played into the hands of the state and ceded authority over our own COVID–19 protections.

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